Mallesons IP Whiteboard - Marketing and advertising

What’s the “Fitchuation” now? Publicity stunt, negative branding or trade mark infringement?

Mallesons IP Whiteboard — Tue, 22 Nov 2011 11:08:19 +1100

A publicity stunt by Abercrombie & Fitch (A&F) has backfired. You may recall a previous post, in which we blogged about A&F’s ‘offer’ to pay Jersey Shore's Michael "The Situation" Sorrentino a substantial sum of money to stop wearing A&F clothing. We thought it was an instance of negative brand association. It now appears that this was not a real offer, but a publicity stunt by A&F which may have backfired. read more »

Roses are red, violets are blue…Louboutin’s appealing, Tiffany & Co care too

Mallesons IP Whiteboard — Fri, 18 Nov 2011 19:09:53 +1100

We previously blogged about the growing trade mark dispute between Christian Louboutin and Yves Saint Laurent (YSL). The dispute relates to the manufacture and sale of red-soled shoes by YSL, in alleged infringement of Louboutin’s trade mark. As an update, the New York District Court has refused to rule that red soled shoes are exclusively the domain of Christian Louboutin. Read more to find out how Tiffany & Co has put its bejewelled fingers in the mix. read more »

Like sands through the hourglass... sometimes Bills become Acts

Mallesons IP Whiteboard — Wed, 16 Nov 2011 16:48:03 +1100

Did you read our post about the introduction of new business names laws here? On 3 November 2011, the National Business Names Registration Package legislation was assented to. read more »

UK enters the fray on pay for delay

Mallesons IP Whiteboard — Wed, 16 Nov 2011 15:42:24 +1100

The United Kingdom's Office of Fair Trading has joined its European and US counterparts in considering the potentially anticompetitive effect of patent litigation settlements that involve 'reverse payments'. read more »

Grandad to grand jury - Vioxx case to go to the High Court

Mallesons IP Whiteboard — Wed, 09 Nov 2011 18:01:44 +1100

The Recent Full Federal Court decision rejecting the damages claims of the representative applicant, grandfather Graeme Peterson, has been appealed to the High Court. read more »

Update: Herman Miller v Matt Blatt

Mallesons IP Whiteboard — Tue, 08 Nov 2011 10:38:16 +1100

Further to Natalie’s op-ed piece in the National Times, Herman Miller and Matt Blatt have settled their dispute in relation to Matt Blatt’s sales of replica Eames furniture on confidential terms. In a press release, Herman Miller Vice President Jeremy Hocking describes the apparent win as a “small but significant battle for the ethics of authentic design.” read more »

IPRIA/CMCL Seminar: Brands and the Challenges of Grey Markets

Mallesons IP Whiteboard — Fri, 28 Oct 2011 14:31:37 +1000

On 26 October 2011, the Intellectual Property Research Institute of Australia (IPRIA) and the Centre for Media and Communications Law (CMCL) hosted a free seminar at the Melbourne Business School titled 'Brands and the Challenges of Grey Markets'. The panellists were, by a surprising majority, in support of parallel imports…is this the way of the future? read more »

You say Barrister and I say Barista? Proposed business name laws have hurdles attached

Mallesons IP Whiteboard — Thu, 20 Oct 2011 11:40:33 +1000

Last Friday, the Senate passed the National Business Names Registration Package to replace the existing state-based business name registration system with a national online register. While the registration of trade marks is still separate, and will continue to take place through IP Australia, there will be links to IP Australia in the registration process and entities will be prohibited from registering names that are “identical”, “nearly identical”, “undesirable”, or “restricted”. If you wondered whether naming your new-born child was challenging, have a think about what the new process means for your business... read more »

BREAKING NEWS: Hard medicine for group members to take - Full Court overturns decision in VIOXX class action

Mallesons IP Whiteboard — Wed, 12 Oct 2011 11:28:40 +1000

The Full Court of the Federal Court of Australia today overturned the 2010 decision that marked the first successful class action ruling in the world in relation to arthritis drug VIOXX. read more »

What’s the Situation with Negative Brand Association?

Mallesons IP Whiteboard — Fri, 23 Sep 2011 16:29:01 +1000

Brand owners use product placement and sponsorship deals to create positive brand associations in the mind of their target consumers. James Bond can wear their brand of luxury watch or drive their car in a spectacular car chase scene. But what happens when a brand is shown in a context that will draw an undesirable or negative association? In 2011, three examples demonstrate the issues that can be caused when a brand is used or worn in an undesirable context. read more »